(2)
"Foreign substances" shall
mean all classified substances except those which exist naturally in the
untreated horse at normal physiological concentrations and include all
narcotics, stimulants, depressants or other drugs. The commission may, by
order, establish a system of classification of prohibited foreign substances,
to include methods of detection and/or regulatory thresholds thereof,
recommended penalties and disciplinary measures for the presence of said
substances in test samples. In determining the substances to be so classified,
the commission shall give due consideration to the uniform classification
guidelines of foreign substances and recommended penalties and model rules as
revised from time to time by the association of racing commissioners
international inc.

(3)
"Veterinarian" shall mean a licensed veterinary practitioner who treats or
prescribes for a horse entered in any race subject to the jurisdiction of the
commission.

(4)
"State
veterinarian" shall mean a veterinarian licensed in Ohio and designated as the
state veterinarian by the commission.

(5)
"State testing barn" shall mean the
facility provided by each commercial race track and approved by the commission
as the location where all horses designated for testing shall be taken by the
trainer or the trainer's representative so that test samples may be obtained.

(6)
"Chemist" shall mean any
official racing chemist or qualified person or laboratory designated by the
commission.

(7)
"Test sample"
shall mean any body substance including blood or urine taken from a horse under
the supervision of the state veterinarian for the purpose of analysis.

(8)
"Race day" shall mean the
twenty-four hour period beginning at one minute after twelve a.m. and ending at
twelve midnight of a day when horse racing is scheduled.

(9)
"Daily program" shall mean the daily race
program made available for public purchase.

(10)
"Test level" shall mean the
concentration of a foreign substance found in the test sample.

(11)
"Racing with furosemide for the first
time" shall mean the very first time a horse races with furosemide or the first
time a horse races with furosemide subsequent to any thirty-day period of
racing without furosemide as set forth in paragraph (B)(3)(b) of this rule.

(12)
Nasogastric tube shall mean
any tube which can be inserted through the nose of a horse.

(13)
"Retained specimen" means all or any
portion of the blood or urine specimens collected from a horse by the
commission veterinarian for testing by the official laboratory.

(B)
It shall be the intent of this
rule to protect the integrity of horse racing, guard the health of the horse,
and safeguard the interest of the public and racing participants through the
prohibition or control of drugs, medications and substances foreign to the
natural horse. In this context:

(1)
Except
for regulatory thresholds of such non-steroidal anti-inflammatory drugs
authorized for use by order of the commission, and except for those horses
eligible for the use of furosemide as permitted by paragraph (B)(1)(b) of this
rule, no horse entered to race shall carry in its body on race day any
prohibited foreign substance.

(a)
The
presence of any one of the non-steroidal anti-inflammatory drugs approved for
use by the commission will be permitted at a concentration not to exceed the
respective regulatory threshold established by the commission. Administration
of any non-steroidal anti-inflammatory drug is prohibited within the
twenty-four hours before post time for the race in which the horse is entered.
The presence of more than one of the approved non-steroidal anti-inflammatory
drugs in serum or plasma is prohibited. The presence of any unapproved
non-steroidal anti-inflammatory drug in the post-race serum, plasma, or urine
sample is also prohibited. The use of all but one of the approved non-steroidal
anti-inflammatory drugs shall be discontinued at least forty-eight hours before
the post time for the race in which the horse is entered; and

(b)
A horse eligible for furosemide will be
permitted a dose equal to a minimum of one hundred milligrams and a maximum of
five hundred milligrams. Horses must be administered furosemide, and, if
prescribed and administered by a veterinarian, may be administered aminocaproic
acid intravenously four hours or more prior to the post time of its race by a
veterinarian who is employed by the owner, authorized agent or trainer of the
horse. Furosemide will only be administered in locations approved by the
stewards. Furosemide may only be administered when an attendant is present. The
attendant must sign documentation indicating he or she was present during the
administration of furosemide. In order to be eligible for furosemide, and/or
aminocaproic acid on race day, a horse must be certified as "furosemide
eligible" by the state veterinarian, another veterinarian or by the stewards
based upon either:

(i)
A good cause showing
of need for furosemide for said horse by the owner, trainer, veterinarian or
authorized agent. For purposes of this rule, prima facie evidence of a "good
cause showing" shall include but not be limited to the personal observation of
the state veterinarian, by scope or otherwise, of exercise-induced pulmonary
hemorrhage (E.I.P.H.) in the horse; or

(ii)
A statement issued in writing by a
veterinarian attesting to his personal observation, by scope or otherwise, of
E.I.P.H. in the horse; or

(iii)
Based upon evidence the horse raced on furosemide in its preceding start, a
horse shall be deemed "furosemide eligible" in writing by the stewards.

(2)
A
written certificate issued by the stewards or a written sworn statement of
certification executed by the state veterinarian or another veterinarian
declaring that a horse is "furosemide eligible" must be deposited with the
stewards at commercial tracks at least forty-eight hours prior to post time
when a horse first races using furosemide. At county or independent fairs, the
written certificate must be deposited with the racing secretary prior to post
time of the first race on the day that horse first races using furosemide.

(3)
Any horse racing with
furosemide shall be governed by the following requirements in addition to those
set forth in paragraph (B)(1)(b) of this rule:

(a)
Once a horse has raced with furosemide,
that horse must be administered furosemide every time it races for the next
ninety days.

(b)
After a horse
races with furosemide for at least ninety days and the owner or trainer decides
the horse no longer needs furosemide, the owner or trainer may, upon written
notice to the stewards, cease the use of furosemide. That horse shall not race
with furosemide for at least thirty days.

(c)
Any time a veterinarian administers
furosemide to a horse scheduled to race, said veterinarian shall confirm that
horse is entered to race on furosemide, according to the overnight entries
published by the racing secretary, and fill out and sign a form approved by the
commission. Said form shall be delivered to the security officer at the main
gate to the back side of commercial tracks or to the office of the racing
secretary at county or independent fairs at least one hour prior to post time
of the race in which the horse is scheduled to race. For furosemide-treated
horses which ship in to race, the completed furosemide form must be delivered
to the security officer at the main gate to the back side of commercial tracks
or to the office of the racing secretary at county or independent fairs when
the furosemide-treated horse arrives. In no case shall this be less than two
hours prior to post time of the race in which the horse is scheduled to race.

(d)
Other than furosemide and
aminocaproic acid as permitted in this rule or except in the case of emergency,
no foreign substance may be administered to a horse on a race day before the
conclusion of the race that horse has been entered in or until the horse has
been released by the state veterinarian from the state testing barn or the
retention area at a county or independent fair.

(e)
Aminocaproic acid may be present in a
horse's body while it is participating in a race, subject to all the provisions
of this chapter.

(a)
Should a test sample taken from a horse not reported to the racing secretary as
racing on furosemide and listed as such in the daily program test positive for
furosemide; or

(b)
Should a test
sample of urine taken from a horse show a urine specific gravity less than
1.010 and a test sample of blood taken from a horse show a level of furosemide
greater than one hundred nanograms per milliliter of plasma; or, in the event
no urine sample is collected from a horse, should a test sample of blood taken
from a horse show a level of furosemide greater than one hundred nanograms per
milliliter of plasma; or,

(c)
Should a test sample taken from a horse reported to the racing secretary as
racing on furosemide and listed as such in the daily program test negative for
furosemide; or

(d)
Should a test
sample of blood taken from a horse show a concentration of total carbon dioxide
in the plasma and/or serum in excess of thirty-seven millimoles per liter; or

(e)
Should a test sample show a
concentration of any non-steroidal anti-inflammatory drug in excess of the
regulatory threshold established by the commission; or

(f)
Should any licensee fail to comply with
any part of the requirements of paragraph (B)(3)(a) or (B)(3)(b) of this rule.

(5)
On premises under
the jurisdiction of the commission, no licensees other than veterinarians shall
possess a nasogastric tube, equipment, including bottles designed for
hypodermic administration, any foreign substance considered a prescription drug
unless it is for an existing condition and is prescribed by a veterinarian, any
quantity of sodium bicarbonate (baking soda) or any preparation containing more
than thirty grams (one ounce) of sodium bicarbonate. When prescribed by a
veterinarian, the supply of any foreign substance shall be limited by ethical
practice consistent with the purposes of this rule. This rule shall not affect
any prohibition of drugs, narcotics, stimulants, substances and other items
listed in rules
3769-8-06,
3769-8-07 and
3769-8-09 of the Administrative
Code.

(6)
Notwithstanding the
provisions of paragraph (B)(5) of this rule, any licensee may possess within a
race track enclosure any chemical substance for personal use provided that, if
the chemical substance is prohibited from being dispensed by any federal or
state law without a prescription, the person is in possession of documentary
evidence that a valid prescription for the chemical substance has been issued
to the person and a sworn statement clearly describing the chemical substance
and its intended use has been filed with the state steward. Under no
circumstances shall this rule be deemed to authorize the possession on the
premises of any permit holder of any substance prohibited by rule
3769-8-06 of the Administrative
Code.

(7)
Notwithstanding the
provisions of paragraph (B)(5) of this rule, any licensee may possess within
any race track enclosure a hypodermic syringe or needle for the purpose of self
administering a medically-prescribed chemical substance provided the licensee
has notified the state steward of possession, size of the hypodermic syringe or
needle and the chemical substance to be administered.

(8)
Following each pari-mutuel race at a
commercial track, a test sample shall be taken for the purpose of analysis from
at least one participating horse designated by the stewards. In addition,
stewards may designate by lot or otherwise one or more horses from which a test
sample shall be taken for the purpose of analysis. The state veterinarian, the
executive director or any commission member may also order the collection of a
test sample from any horse for the purpose of analysis At all county and
independent fairs, stewards may order test samples be taken from horses for the
purpose of analysis. Stewards may select horses by lot or otherwise.

(9)
The commission shall appoint, at its
cost, a veterinarian to take test samples or supervise the collection of them,
approve a laboratory for test sample analysis and require the analysis of all
test samples collected. The cost of analysis of the blood and urine samples
taken from one horse in each race shall be deducted from the purse for that
race and forwarded to the commission. The commission shall determine the
average cost of a test sample analysis during the prior calendar year and
adjust the cost deduction annually to be effective on July first of each fiscal
year. The cost of analysis of all other samples shall be paid by the
commission.

At each commercial race track the permit holder shall provide,
at its cost and subject to the approval of the state veterinarian or
commission, an adequate number of assistants, as determined by the commission,
to aid in securing such test samples. Under the supervision of the state
veterinarian, assistants shall have free access to the state testing barn. The
commission may also appoint, at its cost, veterinarians or other persons to
supervise the practice of veterinary medicine at all premises under the
jurisdiction of the commission and all activities involving the securing,
handling and analysis of test samples.

No veterinarian appointed by the commission or employed by a
permit holder shall be permitted to treat or prescribe for any horse on the
grounds, except in case of emergency, when a full and complete report shall be
made to the stewards. No licensee shall employ or compensate a veterinarian or
the assistants of a veterinarian appointed by the commission or hired by a
permit holder.

(10)
A
finding by the chemist that a foreign substance other than furosemide, the a
test level of furosemide, or any non-steroidal anti-inflammatory drug
authorized for use by order of the commission, as permitted in paragraph
(B)(1)(a) of this rule, is present in the urine or blood sample shall be
considered a positive test and a violation of this rule. Also, it shall be
prima facie evidence that such foreign substance was administered and carried
in the body of the horse while participating in a race and that the trainer and
his agents responsible for the care and custody of the horse have been
negligent in the handling or care of the horse.

(11)
Every horse which suffers a breakdown
while training or racing and is destroyed and every horse which expires under
suspicious or unusual circumstances while under the jurisdiction of the
commission may be required by the state veterinarian to undergo a post-mortem
examination at a time and place determined by the state veterinarian in an
attempt to ascertain the injury or disease which resulted in euthanasia or
caused death.

(a)
The commission shall pay
all costs involved in a post-mortem examination conducted by a veterinarian
approved by the commission.

(b)
A
written record of all information normally contained in a post-mortem report,
and other information specifically requested, shall be provided to the state
veterinarian.

(c)
Test samples
specified by the state veterinarian shall be obtained from the carcass upon
which the post-mortem examination is conducted, sent to a laboratory approved
by the commission and analyzed for foreign substances, natural substances at
abnormal levels, etiological agents and pathological lesions. Test samples may
be procured prior to euthanasia.

(12)
The commission has the authority to
direct the approved laboratory to retain and preserve, by freezing, any samples
for future analysis.

(13)
Should
test sample analysis result in a violation of paragraph (B)(1), (B)(1)(b),
(B)(4)(b), (B)(4)(c), or (B)(4)(d) of this rule, the horse shall be
disqualified in accordance with rule
3769-7-45 of the Administrative
Code and any licensee found in violation is subject to penalties contained in
paragraph (B)(15) of this rule.

In situations where penalties include a forfeiture of the purse
and any trophy or award, until the purse, as well as any trophy or award, is
returned, the owner and trainer of the horse shall stand suspended. The fact
that purse money has been distributed prior to the issuance of a laboratory
report shall not be deemed a finding that no foreign substance has been
administered to the horse earning the purse money.

No redistribution of such purse shall be required until a
permit holder is refunded the purse money. The horse designated the winner
shall be awarded any purse money following the disqualification if there are
not enough non-offending horses to share such purse.

When required by the penalty section of this rule, stewards
shall disqualify the horse from which the positive test sample was obtained and
advance finish positions of the remaining horses accordingly. The commission
may continue any suspension made pursuant to the above provision listed in this
paragraph for such period of time as it may determine.

(14)
It shall be the responsibility of the
trainer of the winning horse or any other horse from which the stewards order a
test sample to be taken, to see that horse is taken directly after the race to
the state testing barn at a commercial track or to the retention area at a
county and independent fair.

(15)
The stewards may fine any licensee who violates paragraphs (B)(1)(b),
(B)(3)(a), (B)(3)(b), (B)(4)(a), (B)(4)(b), (B)(4)(c), (B)(4)(d), (B)(4)(f)
and/or (B)(5) of this rule an amount not in excess of one thousand dollars,
suspend such licensee for a period not to exceed one year and refer the matter
to the commission for its consideration. The penalties for the violation of
paragraph (B)(1) of this rule shall be determined in accordance with the
provisions of paragraph (B)(16) of this rule. The penalties for violation of
paragraphs (B)(1)(a) and (B)(4)(e) of this rule are identified in paragraph
(B)(19) of this rule. Stewards may fine any licensee who violates any other
requirements in paragraph (B) of this rule an amount not in excess of one
thousand dollars, suspend such licensee for a period not to exceed one year and
refer the matter to the commission for further consideration.

(16)
Upon finding a violation of paragraph
(B)(1) of this rule, and subject to the provisions of rule
3769-7-45 of the Administrative
Code, the horse shall be disqualified. Stewards shall consider the
classification level of the violation as established by the system of
classification of prohibited foreign substances adopted by the commission and
impose penalties and disciplinary measures consistent with the recommendations
contained therein. If a majority of stewards determine that mitigating
circumstances require imposition of a lesser penalty, they may impose the
lesser penalty. If a majority of stewards wish to impose a penalty in excess of
the authority granted them, they shall impose the maximum penalty authorized
and refer the matter to the commission with a specific recommendation for
further action.

(17)
When imposing
penalties for violations of paragraphs (B)(1) to (B)(14) of this rule, stewards
and the commission may consider, in addition to the considerations outlined in
paragraph (B)(16) of this rule, the following factors:

(a)
The accessibility of the drug,
considering whether it can be purchased over the counter, only with a
prescription, only with a license for controlled substances, or cannot be
purchased in this country;

(c)
Whether the violator has ever been the subject of a medication ruling in any
racing jurisdiction;

(d)
What
action, if any, was taken by the licensee to avoid the violation.

Stewards and the commission shall not be required to articulate
any of the foregoing in any ruling issued. Ignorance of the rules shall not be
deemed a mitigating factor.

(18)
In the event the violation that occurs
is solely a violation of an excessive test level of a non-steroidal
anti-inflammatory drug pursuant to paragraphs (B)(1)(a) and (B)(4)(e) of this
rule, the penalties imposed by the stewards shall be as follows:

(a)
For a first violation, upon receipt of a
preliminary report of a positive test finding by the commission laboratory, the
stewards shall issue an oral notice of said violation to the licensee. All
preliminary reports of violation of paragraphs (B)(1)(a) and (B)(4)(e) of this
rule are subject to verification by confirmatory tests by the commission
laboratory.

(b)
Upon receipts of a
preliminary report by the commission laboratory that a licensee has violated
paragraphs (B)(1)(a) and (B)(4)(e) of this rule a second time, within one year
the stewards shall issue an oral notice of said violation to the licensee.
Should confirmatory tests verify the validity of such preliminary report the
stewards shall fine said licensee one hundred dollars.

(c)
Upon receipt of a preliminary report by
the commission laboratory that a licensee has violated paragraphs (B)(1)(a) and
(B)(4)(e) of this rule more than twice, within one year the stewards shall
issue an oral notice of said violation to the licensee. Should confirmatory
reports verify the validity of such preliminary report the stewards may fine
the licensee up to one thousand dollars and shall refer the matter to the
commission for its consideration.

(d)
In addition to the penalties set forth in
paragraphs (B)(18)(a), (B)(18)(b), and (B)(18)(c) of this rule, the stewards
may consider the test levels reported by the commission laboratory in
determining whether the licensee has violated paragraph (B)(3)(d) of this rule.

(e)
In addition to the penalties
set forth in paragraphs (B)(18)(a), (B)(18)(b), and (B)(18)(c) of this rule,
the stewards may consider the licensee's history of violations of paragraphs
(B)(1)(a) and (B)(4)(e) of this rule in determining whether to cite the
licensee for violations of other rules of racing, including but not limited to
paragraphs (A)(4) and (A)(10) of rule
3769-2-26 of the Administrative
Code.

(a)
If a test sample of blood from a horse
shows a concentration of total carbon dioxide in excess of the level authorized
in paragraph (B)(4)(d) of this rule, the owner or trainer of that horse
contending that such level is physiologically normal for that specific horse
may request the horse be held in approved quarantine at a location designated
by the commission. Such quarantine shall be in accordance with policies and
procedures adopted by the commission and shall be for a period determined by
the executive director or the stewards, but not greater than five days, and is
at the sole expense of the owner or trainer requesting the quarantine. During
the quarantine, the horse shall be retested periodically, but it shall not be
permitted to race. Removal of a horse from quarantine without the permission of
the judges shall constitute a waiver of any claim of normally high levels for
that specific horse. A request for quarantine shall be made within seventy-two
hours of notification of violation of this rule.

(b)
Subsequent to the horse being quarantined
and retested, if the commission is satisfied on the basis of clear and
convincing evidence derived from the testing of the horse's blood that such
horse has physiologically normal levels in excess of the level authorized in
paragraph (B)(4)(d) of this rule then no disciplinary action will be taken
against the owner or trainer of that horse. In addition, notwithstanding the
provisions of paragraph (B)(19)(a) of this rule, the commission shall bear the
expense of quarantine in such cases.

(20)
The commission, on its own motion or in
addition to any penalty assessed by the stewards, may revoke, suspend or refuse
to grant any commission license held or applied for by any person who violates
this rule.

(1)
In order to
inform the public of those horses racing with permitted medication, it shall be
the responsibility of the permit holders to indicate in daily programs any
horse racing with furosemide and if a horse is racing with furosemide for the
first time.

(2)
When entering a
horse, it shall be the responsibility of the trainer to indicate on the entry
form that he intends to race the horse with furosemide and to indicate if the
horse is racing with furosemide for the first time, as defined in this rule. It
shall be the responsibility of the racing secretary to check each daily program
to make sure the use of furosemide reported to his office for each horse is
correctly shown.

(3)
When an entry
is made by telephone the trainer shall provide the information otherwise
required on a written entry and obtain the name of the person who accepts the
entry. The person who accepts a telephone entry shall obtain the name of the
person making the entry.

(4)
Stewards may fine any licensee who violates paragraph (C) of this rule an
amount not in excess of one thousand dollars, suspend the licensee for a period
not to exceed one year and refer the matter to the commission for further
consideration.

(D)
Any
horse known to have bled externally the first time from its nostrils during a
race or workout may not be entered or raced for a period of ten days without
prior approval by the state veterinarian. In the event a horse bleeds a second
time within one year of when the horse bled the first time, such horse shall be
placed on the veterinarian's list and prohibited from racing for a period of
thirty days. In the event a horse bleeds a third time within one year of when
the horse bled the first time, such horse shall be placed on the veterinarian's
list and prohibited from racing a minimum of ninety days. The horse may
thereafter be removed from the veterinarian's list by the state veterinarian
after a satisfactory workout witnessed by the state veterinarian. In the event
a horse bleeds a fourth time within one year of when the horse bled the first
time, such horse shall thereafter be prohibited from racing in this state.
Stewards shall maintain a list of all horses they know have bled from their
nostrils.

(1)
Any veterinarian who treats a
racing horse or administers, prescribes, provides or sells any medication or
foreign substance for use by a racing horse shall keep a complete written
record of this event.

(2)
Each
record shall contain the name of the horse, its owner or trainer, dates and
times of treatments, any tentative diagnosis, and the name, doses and method of
administration of the medications or foreign substances administered or
prescribed.

(3)
Each record shall
remain confidential and be retained by the veterinarian unless a disclosure of
its content is requested by the commission or its state steward for use in a
proceeding resulting from a positive test sample. Upon request, the
veterinarian shall provide each record to the commission or state steward
within twenty-four hours.

(4)
Veterinarians may use standard abbreviations for any medications administered
or prescribed.

(5)
Except in an
emergency, it shall be the duty of a veterinarian to inquire of the owner,
trainer or their representative, prior to treating any horse, whether the horse
is or will be entered to race during the period of time any medication
administered by the veterinarian may affect any test sample and result in a
positive finding. If such shall be the case, it is the veterinarian's duty to
advise the owner, trainer or their representative of this.

If the owner or trainer certifies in writing to the
veterinarian that the horse to be treated will not race within fifteen days of
the time of treatment, then said veterinarian shall not be required to complete
the report pursuant to paragraph (E)(1) of this rule.

A veterinarian may be held wholly or partially responsible for
such positive finding if the veterinarian failed to perform the duties of
inquiry and advice as set forth in this rule.

(6)
The stewards may fine any licensee who
violates paragraph (E) of this rule an amount not in excess of one thousand
dollars, suspend the licensee for a period not to exceed one year and refer the
matter to the commission for further consideration.

(A)
The trainer shall be the absolute insurer
of, and responsible for, the condition of the horse entered in a race,
regardless of the acts of third parties. Should the chemical or other analysis
of urine or blood specimens prove positive, showing the presence of any foreign
substance not permitted by rule
3769-8-01 of the Administrative
Code, the trainer of the horse, the foreman in charge of the horse, the groom,
and any other person shown to have had the care or attendance of the horse may,
in the discretion of the commission, be subjected to penalties provided in
paragraph (B) of this rule. Permit holders, other than county or independent
fairs, shall provide and maintain a state testing area to include a group of
stalls for the accomodation of the horses as are designated in rule
3769-8-01 of the Administrative
Code, and such horses shall remain in the state testing barn area until
required specimens have been obtained by the veterinarian and until he shall
have released said horses. All persons shall be excluded from said area except
owners, trainers, or their representatives, horses from which the specimens are
taken, the authorized veterinarian and his assistants and any representative of
the commission.

(B)
The stewards
may fine any licensee who violates this rule an amount not in excess of one
thousand dollars and/or suspend any commission license held by such licensee
for a period not to exceed one year and/or refer the matter to the commission
for its consideration. The commission may on its own motion, or in addition to
any penalty assessed by stewards, revoke or suspend any commission license held
by any person who violates this rule and/or rule off and/or refuse to grant a
license to any person who violates this rule.

(A)
The owner, trainer, groom or other
representative must be present in the state testing barn when a test sample is
taken from the horse, and must remain until the test sample is sealed. The
official tag attached to a test sample shall be signed by the owner, trainer,
groom or other representative as witness to the taking of such test sample.
Willful failure to be present at, or a refusal to allow, or any act or threat
to impede or prevent or otherwise interfere with, the taking of any such test
sample shall subject the licensee guilty thereof to immediate suspension by the
stewards, and the matter shall be referred to the commission for its
consideration.

(B)
No owner or
trainer who is not present either in person or by representative when a test
sample is taken from his horse will be heard to claim at any future time that
the test sample was not the one taken from his horse.

(A)
All horses that have been nerved shall be so designated on the front of the
jockey club certificate and all claim authorization forms for such horses. It
is the responsibility of the owner of the horse at the time the horse is nerved
to see that this information is placed on the registration certificate and the
eligibility certificate. All horses that have been nerved prior to the adoption
of this rule must also be certified and it will be the responsibility of the
owner or the trainer of such horse to see that such information is carried on
the registration certificate. No trainer or owner will be permitted to enter or
start a horse that is high-nerved. It shall be the responsibility of the owner
and/or trainer of a horse that has been low-nerved to post on the bulletin
board in the racing office at each track where the horse competes the fact that
the horse has been low-nerved, and it is the responsibility of each track to
provide a space in the racing office where the fact of nerving can be posted in
accordance with this rule. Where these requirements have been met, low-nerved
horses will be permitted to start.

(B)
Only the palmar (posterior) digital
neurectomy (low nerving) by surgical or other physical (example: freezing) or
chemical (example: injecting alcohol or snake venom) means will be permitted in
horses to be raced. Only the posterior digital nerve and middle branches to the
palmar (posterior/back) part of the foot may be desensitized. This procedure
must be done below the fetlock. The dorsal (anterior/front) branches must be
preserved so the horse has feeling at the coronary band at the front of the
foot on both sides of the midline. Lack of feeling at the coronary band on the
front of the foot is prima facie evidence that a horse has been nerved in
contravention of this rule. Incisions over nerves at or above the fetlock may
be evidence that the horse has been high-nerved, even if partial or complete
feeling is present at the front of the coronary band of the foot. In horses
racing or to be raced, no "high nerving" (at or above the fetlock, including
volar, palmar or plantar nerves) is permitted by any means: surgical, physical,
including but not limited to injection of alcohol or snake venom. Any offending
party may be ruled off or otherwise penalized under the provisions of rule
3769-8-99 of the Administrative
Code.

Any person licensed by the Ohio state racing commission who
shall be found with any controlled substance as defined by the Ohio state board
of pharmacy or narcotic drug in his/her possession while on the premises of any
permit holder shall be fined and/or suspended by the stewards in accordance
with rule
3769-8-99 of the Administrative
Code.

(A)
No
person shall have in his/her possession on the premises of a permit holder any
nasogastric tube, drugs, chemicals which may be used as stimulants, hypodermic
syringes or hypodermic needles or any other instrument which may be used for
injection, or batteries or any other electrical or mechanical instrument which
may be used to affect the speed or actions of a horse. Any offending party may
be ruled off. This rule shall not be construed to apply to a veterinary surgeon
licensed by the commission.

(B)
No
veterinarian shall leave a container of any prohibited drug on the premises of
a permit holder nor shall he leave or dispose of hypodermic syringes or
hypodermic needles or any other instrument which may be used for injection on
the premises of the permit holder whether used or unused. Any violation of this
rule shall be subject to the penalties as outlined in rule
3769-8-99 of the Administrative
Code.

(A)
In order to ensure the public safety and
protect the integrity of horse racing in the state of Ohio, the commission
intends to regulate the use of any drug of abuse, as governed by division (A)
of section 3719.011 of the Revised Code, by
any licensee who is responsible for the conduct of a race or whose duties
include the training, exercising, riding or caring for a horse. It shall also
include all track employees who, while at work operate mechanical devices of
any type which could cause injury to the operator of such device or to others.
Mechanical devices include but are not limited to motor vehicles, tractors and
mowers.

(B)
For purposes of this
rule, "licensee" means any person licensed by the commission whose duties
include any of the following: training, exercising, riding or caring for a
horse or any licensed racing official who is involved in the conduct of a race,
including but not limited to:

(C)
The personal use of any drug
of abuse, as defined in division (A) of section
3719.011 of the Revised Code, is
prohibited without a legal prescription. Acting with reasonable cause or
through random selection by lottery, the state steward, secretary of the
commission, any member of the commission, any investigator employed by the Ohio
state racing commission, or the chief of security at the track may direct any
licensee, as defined in paragraph (B) of this rule, to submit a sample of their
urine to the track physician or other representative of the commission. The
urine sample shall be provided in the manner prescribed by the commission. Any
random selection by lottery may be witnessed by a representative of the
licensee group involved. The commission may alter the number of names to be
drawn each day and for each race.

(D)
Such samples or tests pursuant to the
requirements in paragraph (C) of this rule may be requested at any time a
licensee is acting within the scope of his or her license while on the premises
of an Ohio state racing commission permit holder. When a licensee has been
given notice by the state steward, any member of the commission, the secretary
of the commission, commission investigator or inspector or the chief of
security at the race track, it shall be considered a failure and/or refusal if
the licensee does not provide a valid urine sample prior to the end of the last
race on that day.

(E)
Failure or
refusal of any licensee to supply a valid urine sample when requested to do so
by one or more of the persons designated in paragraph (C) of this rule shall
subject the licensee to an immediate fine of two hundred fifty dollars and a
suspension of sixty days for a first offense. A second and all subsequent
failures or refusals to provide a requested urine sample shall subject the
individual to a fine of one thousand dollars and a suspension of one year, and
in addition, the individual shall be referred to the Ohio state racing
commission for any further action deemed necessary.

(F)
In the event that the urine analysis
results should disclose the presence of any drug of abuse prohibited in
paragraph (C) of this rule, the following action shall be taken:

(1)
For a first offense, an official ruling
will be issued notifying the licensee that his or her sample or test was
positive for a prohibited substance and that he or she will be subject to
future mandatory drug testing. In addition, upon the delivery of such official
ruling, the individual shall be immediately suspended for ten days and fined
two hundred fifty dollars.

(2)
For
a second offense, an official ruling will be issued indicating the licensee has
tested positive for a prohibited substance on two occasions. Upon delivery of
such official ruling, said individual's license shall be immediately suspended
for a period of twenty days and the licensee shall be fined the sum of two
hundred fifty dollars. The licensee will be prohibited from participating in
racing in the state of Ohio until he or she presents the state steward with
proof that he or she has voluntarily enrolled in a rehabilitation program
approved by the commission, and a report from said program indicating the
licensee's satisfactory attendance and participation in the program.

(3)
For a third or subsequent offense, the
licensee shall immediately be fined one thousand dollars and suspended for one
year. In addition, his or her case will be referred to the commission for
further action. The licensee shall also be required to provide proof that he or
she has satisfactorily completed a commission approved substance abuse program
prior to the commission considering his or her application for any type of a
license.

(G)
In the
event any licensee subject to this rule is taking a substance pursuant to a
valid prescription on order from a licensed physician or dentist, it shall be
that licensee's responsibility to give written notice of same to the state
steward prior to participating in any racing activities. The written notice
shall contain the following:

(H)
Any work product resulting from an
investigation pursuant to this rule shall be a confidential law enforcement
investigatory record as defined in section
149.43 of the Revised Code.

(I)
All urine analyses shall be
conducted at the expense of the commission by the Ohio state university testing
laboratory or other testing laboratory approved by the commission.

(J)
Any licensee receiving an official ruling
alleging a violation of this rule may request a hearing in accordance with the
provisions of Chapter 119. of the Revised Code and rule
3769-7-42 of the Administrative
Code.

(K)
Information concerning
positive test results will be released only in accordance with section
149.43 of the Revised Code the
public records statute.

(A)
The trainer shall be absolutely responsible for reporting to the stewards
and/or to the commission veterinarian the death of any horse in the care of
said trainer, which horse is currently stabled on the premises of the permit
holder. Said report must be filed in writing on forms furnished by the
commission and delivered to the stewards and/or the commission veterinarian
within twenty-four hours of the death of the horse.

(B)
The trainer shall be absolutely
responsible for reporting to the stewards and/or to the commission veterinarian
a notice in writing on forms furnished by the commission, the name of any
veterinarian who treats a horse in the care of said trainer, which horse is
currently stabled on the premises of the permit holder, when said treatment is
diagnosed as being for a contagious or infectious disease.

(C)
It shall be the responsibility of both
the trainer and any veterinarian who has reason to suspect the existence of a
contagious or infectious disease in any horse to give notice, in writing, on
forms furnished by the commission, to the commission, or to the stewards when
said horse is stabled on the premises of a permit holder. Said notice shall be
given to the commission veterinarian or the stewards as quickly as possible,
but in no event shall the time period be more than seventy-two hours after said
veterinarian has examined said horse and/or treated said horse for such
disease.

(D)
For purposes of this
rule "contagious or infectious disease" means any disease which is capable of
transmission by any means from a carrier animal to a human or to any other
animal.

In the event that a horse should die on the premises of a
permit holder or elsewhere, the commission veterinarian or the state steward
may order an autopsy to be performed on said horse for the purpose of
ascertaining the cause of death. In the event that such autopsy is ordered, the
cost thereof shall be borne by the commission.

In the event that a horse should die on the premises of a
permit holder, said horse may not be removed from the premises without first
obtaining permission to remove the horse, either from the commission
veterinarian or the state steward.

(A)
The commission veterinarian shall,
whenever physically possible, collect a minimum of fifty milliliters of urine
and a minimum of thirty milliliters of blood specimens from each horse selected
for testing by the stewards.

(1)
The official
laboratory shall retain all portions of each specimen in secure, limited
access, frozen storage at a site approved by the commission for the time period
required by this rule;

(2)
If the
results of tests on a specimen are negative, the official laboratory may
discard all portions of said specimen;

(3)
If the results of tests on a specimen are
positive, the official laboratory shall retain all portions of said specimen
until the matter has been finally adjudicated or until directed to forward the
specimen or a portion thereof to another laboratory for independent analysis;

(4)
The trainer and/or owner shall
not be entitled to a retained specimen in those instances where the official
laboratory deems it necessary to consume the entirety of an official specimen
for official laboratory testing purposes.

(B)
The results of all tests performed by the
official laboratory shall remain confidential until the time of the stewards
hearing, if any, and shall be communicated only to the executive director of
the commission, the state steward and the trainer. The trainer shall be
responsible for notifying the owner of a horse of a positive test result as
reported by the official laboratory.

(1)
The
trainer or owner of a horse for which a positive test result was reported may
request that the retained specimen or a portion thereor be retested in
accordance with this rule. A commission approved independent laboratory or the
official laboratory must perform the retest;

(2)
Approved independent laboratories are
identified on a list maintained by the commission:

(3)
Approved independent laboratories must
establish reasonable fees for testing that may include the costs of testing
negative control specimens if requested by the trainer or owner;

(4)
The request for retesting shall be in
writing and shall be delivered to the stewards not more than forty-eight hours
after the issuance of the ruling of the stewards. Notice of a positive test
result shall be communicated in writing to the trainer and may also be
communicated orally to the trainer. Failure to request retesting of the
retained specimen within forty-eight hours of issuance of the ruling of the
stewards shall constitute waiver of this right;

(5)
The laboratory selected by the trainer or
owner for independent testing of the retained specimen shall be contacted by a
representative of the commission to request acceptance of the specimen for
testing;

(6)
The owner or trainer
is entitled to be present at the retest if they have requested retesting of the
retained specimen by the official laboratory;

(7)
The results of testing by an approved
independent laboratory shall be furnished to the commission and may be
introduced as evidence in any hearing;

(8)
If a retained specimen is sent to an
independent laboratory for retesting, the official laboratory shall arrange for
shipment of the specimen in a manner that ensures the integrity of the sample.
Costs of shipping and handling will be paid by the owner or trainer requesting
the retest;

(9)
The identity of
the drug or drug metabolite(s) identified by the official laboratory shall be
communicated to the independent laboratory in writing;

(10)
Should the independent laboratory
determine that there is insufficient sample volume to retest the sample, or if
an act of god, power failure, accident, labor strike or any other event beyond
the control of the commission or its representatives prevents the retained
sample from being tested, then the results of tests performed by the official
laboratory shall be prima facie evidence of the presence of the substance(s)
identified by the official laboratory.

(11)
The trainer or owner may request that
negative control samples be tested with the retained sample. The relative
identities of the negative control samples and the retained sample shall be
known only to the official laboratory.

(C)
The independent laboratory shall send a
confidential written report of the results of its tests to the commission,
which in turn shall send a confidential report to the trainer and owner
forthwith.

(1)
No action shall be taken
against the trainer or owner if the results of the retesting are negative.

(2)
Should the results of
retesting prove negative, the owner or trainer shall be reimbursed by the
commission for all costs of retesting.

(A)
For a violation of any rule in this
chapter and unless a rule specifically precludes the stewards from doing so,
the stewards, upon the concurrence of two such officials, may fine a licensee
an amount not in excess of the amount permitted by section
3769.091 of the Revised Code
and/or suspend licenses, upon the concurrence of two such officials, for a
period not to exceed the length of time permitted by section
3769.091 of the Revised Code
and/or refer the licensee to the commission for further action.

Any fine or suspension may be appealed to the commission. Such
appeal shall stay the fine or suspension until further action by the
commission.

(B)
In
addition to any other penalty provided, or in the event no penalty has been
provided, the commission, may, upon finding a licensee has violated a rule of
this chapter, fine the licensee an amount not in excess of the amount
prescribed by law and/or deny, suspend or revoke any Ohio state racing
commission license held by the licensee and/or rule off any such licensee from
all Ohio race tracks.

(C)
Should
the commission find a permit holder, or a representative of the permit holder
has violated a rule in this chapter, they may fine said permit holder or the
representative of the permit holder an amount not in excess of the amount
prescribed by law and/or deny, suspend or revoke any license and/or permit held
by said permit holder or representative of the permit holder and/or rule off
any such permit holder's representative.

(D)
Each day during which any violation of a
rule in this chapter continues to occur shall be considered a separate offense
and any person and/or permit holder continuing to violate said rule or rules
may be penalized separately for each day the violation occurs.

(E)
Any person who violates any provisions of
the Horse Racing Act or any of the Ohio rules of racing for which no penalty is
otherwise provided, may be denied a license under such rules. A licensee under
such rules may be fined, may have his/her license suspended or revoked or may
be ruled off. Any permit holder who violates any of the provisions of the Horse
Racing Act or any of the Ohio rules of racing for which a penalty is not
otherwise provided, may have the permit suspended or revoked, or may be denied
a permit upon subsequent application therefor.